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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petrtroner,

vs

SCOTTY'S LANDING

Respondent

                                       .!

License Number 2323444

License Type 201O

Case Number 2010023842

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Pelitroner'), fries thrs Adm101strat1ve Complaint against SCOTTY'S LANDING, ("Respondent"), and says

1. Petrtroner rs the state agency charged wrth regulating the operation of public lodging establishments and pubhc food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes

2. Respondent Is, and has been ,;it ,;ill times matenal hereto, licensed by or subJect to the1urrsd1ct1on of the D1v1s1on of Hotels and Restaurants The respondent's business address of record rs 3381 PAN AMERICAN DR, COCONUT GROVE, FLORIDA 331335501 The marlrng address of record rs SCOTTY'S LANDING, at 3381 PAN AMERICAN DR, COCONUT GROVE, FLORIDA 331335501

3. Inspection of thrs establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed vrolalrons of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment The vIolat1on(s) found and applicable law are described m ExhIbIt "A," attached hereto and Incorporated herein by reference Inspection documents are attached as Exhrbrt "B", incorporated herem by reference

WHERJ;FORE, PetIt1oner respectfully requests entry of an Order ,mposrng one or more of the following penalties ,;idmrmstratrve frne not to exceed $1,000 per offense, suspensron, revocatIon, or refusal of a license rssued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto

Signed May 12, 201O

COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Attorney Florida Bar No 0487068

Shannre Kallas, Drstrrct Manager

By delegat,on of the Director, or desrgnee DIvIsIon of Hotels & Restaurants

Department of Business & Professional Regulation

Department of Business & Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S,MAIJ., ARTICJ.E NUMBER: 7160 3901 9848 6922 2333

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on thrs day of                                                 201O

Inspector's Srgneture

Received by                                                            Operator's Signature

Title Title

ca•• Number 201002 842 Frie Number 11:1576

Lrctnse Number 2323444 2D10

SCOTTY'S LANDING

D11:1tm::t Number 01

Form revJSed 101509

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05/05/2011 13:51 8504145749 DBPR OGA PAGE 04

Exhibit A

License Number 2323444

License Type 2010 PERMANENT FOOD SERVICE

Case Number 201b023842

"FC" as cited herein references specific provIsIons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adm1nistrat1on, incorporated by Chapter 61C, Florida AdmInistrat1ve Code "NFPA" as cited herein references spec1f1c provIsIons of the National Fire Protection Assoc1at1on Life Safety Code, incorporated by reference at Chapter4A-3, "Fire Prevention, General Provisions", Florida Adm1mstrat1ve Code, and 61C-1 004(5), Florida AdmImstrat1ve Code

""" denotes a critical vIolatIon

It Is alleged that on January 26, 2010, and April 21, 2010, the licensee was in v1olat1on of Florida Statute 509(FS) and/or the Rules of the DIvIsIon of Hotels and Restaurants, Florida AdmInIstratIve Code (FAG), In the following particular Copy(s) of the report(s) for the above referenced InspectIon(s) are attached hereto and incorporated by reference as Exhibit B

• 1 07-01-1 3-306 14 FC RETURNED FOOD AND RESERVICE OF FOOD (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, AFTER BEING SERVED OR SOLD AND IN THE POSSESSION OF A CONSUMER, FOOD THAT IS UNUSED OR RETURNED BY THE CONSUMER MAY NOT BE OFFERED AS FOOD FOR HUMAN CONSUMPTION (8) EXCEPT AS SPECIFIED UNDER SECTION 3-801 11(C), A CONTAINER OF FOOO THAT IS NOT POTENTIALLY HAZARDOUS MAY BE TRANSFERRED FROM ONE CONSUMER TO ANOTHER IF (1) THE FOOD IS DISPENSED SO THAT IT 1$ PROTECTED FROM CONTAMINATION AND THE CONTAINER IS CLOSED BETWEEN USES, SUCH AS A NARROW NECK BOTTLE CONTAINING CATSUP, STEAK SAUCE, OR WINE, OR (2) THE FOOD, SUCH AS CRACKERS, SALT, OR PEPPER, IS IN AN UNOPENED ORIGINAL PACKAGE AND IS MAINTAINED IN SOUND CONDITION

  
  

  OBSERVED POTENTIALLY HAZARDOUS POOD RE-SERVED TO CUSTOMERS, REPEAT VIOLATION,

  
  

• 2 0BA-23-1 3-302 11(A)(1) FC (A) FOOD SHALL Be PROTECTED FROM CROSS CONTAMINATION BY, (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM (A) RAW READY-TD-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (8) COOKED READY-TO-EAT FOOD,

OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. REPEAT VIOLATION.

Case Number 2010023842 Fil• Number 112576

Licon•• Numbor 2323444 i010

SCOTTY'S LANDING '

O,otrict Nomber 01

rcirm rev1secl 1O 15 09

Docket for Case No: 11-002812